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IN RE MICHIGAN BIODIESEL, LLC

Bankruptcy No. DK 10-05786. Adversary Nos. 13-80270, 13-80263.

510 B.R. 792 (2014)

In re MICHIGAN BIODIESEL, LLC, Debtor. Thomas R. Tibbie, Trustee, Plaintiff, v. Farmers Grain Express, Inc. and Jacobson Transportation Company, Inc., Defendants. Thomas R. Tibbie, Plaintiff, v. Tracy Daniels, Defendant.

United States Bankruptcy Court, W.D. Michigan.

Signed May 20, 2014.

Attorney(s) appearing for the Case

Daniel R. Olson , John T. Piggins , Miller Johnson , Grand Rapids, MI, for Plaintiff.

Nicholas J. Daly , Thomas C. Richardson , Lewis Reed & Allen, PC, Kalamazoo, MI, Scott R. Murphy , Barnes & Thornburg LLP, Grand Rapids, MI, for Defendants.

OPINION AND ORDER

SCOTT W. DALES, Bankruptcy Judge.

I. INTRODUCTION

Under chapter 5 of the Bankruptcy Code, avoidance and recovery are separate remedies available to a bankruptcy trustee, found in separate sections, with different purposes, discrete elements of proof, and distinct limitation periods. The present motion for partial summary judgment puts the distinction between avoidance and...

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